CA Court: Workers' Comp Can't Be Apportioned for
Age

However, the3rd District Court of Appeals said it could not
determine the extent to which the age of the injured worker
in a case involving a 73-year-old
California Travel and Tourism Commission employee played a
factor in the case’s outcome and ordered more evidence
taken.

The matter sparking the ruling involved Lois Vaira,
a receptionist at the Tourism Commission, who hurt her
back while bending over to pick up some items on the
floor, according to the ruling.

A medical examiner concluded that
Vaira’s age and pre-existing osteoporosis contributed
to her disability, and apportioned 40% of her disability to
her pre-existing conditions and 60% to the work injury. Her
resulting benefits award was then reduced accordingly.

According to the opinion, the case then
cycled through the state’s worker’s
compensation system several times on appeal before the 3
rd
District accepted the matter for review.

“To the extent (the examining doctor) based
his apportionment of 40% of disability on
petitioner’s age, this would appear to violate (state
anti-discrimination laws),” the court wrote.
“The WCAB (Worker’s Compensation Appeals Board) may
not reduce petitioner’s benefits simply because she is
older than another similarly situated
worker.”